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HomeMy WebLinkAboutTITLE 19Title 19 JRN-24-2002 12:07 CITY OF INDIRN WELLS 1 760 346 0407 P.05/05 4 ro REQUEST FOR. COMMENT Community Development Department P. O. Box 1504, La Quinta, CA 92253 • (760) 777-7125 - (760) 777-1233 (FAX) PROJECT PLANNER; Christine di The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the referenced project(s), Attached is the information submitted by the project proponent. Your comments are requested with respect to:1.) Physical impacts the project presents on public resources, facilities, and/or services, and 2.) Recommended conditions that your agency believe would mitigate any potential adverse effects. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. CASE($): Environmental Assessment 2001-436, General plan Amendment 2001.083, Zone Change 2001-105 and Specific Plan 2001.055 - "The Gateway" LOCATION: Located at the southeast corner of Miles Avenue and Washington Street DESCRIPTION: General Plan Amendment and Zone Change from High Density Residential to Medium Density Residential and Tourist Commercial and review of development principle saud design guidelines for Tourist Commercial uses including hotels, and retail -related uses, and residential development including townhouses and single family residences, AGENCIES REQUESTED TO RESPOND: X Imperial Irrigation District —X_ _ Southern California Gas Company _X Coachella Valley Water District �X Waste Management of the Desert X_ Verizon Telephone _X_ Sualine Transit _X_ U. S. Postal Service —A- Riverside County Fire Marshal J{_ Riverside County Sherifrs Dept. X Riverside County Battalion Chief _X, Media One Cable X Desert Sands Unified School District Coachella Valley Unified School District _ C.V. Archaeological Society _X_ Building Industry - Desert Council La Quinta Chamber of Commerce C.V, Recreation & Parks District C.V. Mountain Conservancy U,S, Fish & Wildlife Department of Fish & Game X :.calyx;=,.,.. a.�an Interoffice Administratign & Department Directors: _3C City Manager _ Assistant City Manager X Community Development X_ Public Works X Building and Safety — Community Services Your response is requested prior to Jang=18, 2002, If you have any questions, please contact the noted project planner. Comments made by: Title: Date: Phone #; Agency/Division: Tnrni 0 roc JRN-24-2002 12:06 CITY OF INDIRN WELLS rIL 1 760 346 0407 P.03i05 REQUEST FOR AGENCY COMMENT TO: FROM: Planning Department Contact Person; Larry Grafton, Senior Planner APPLICANT: City of Indian Wells PROJECT LOCATION: North side of Highway 111, south of the Whitewater Storm Water Channel, West of the intersection of Mountain Cove Drive and Highway 111. Parcel is known as APN No,; 633- 410-017. PROJECT DESCRIPTION: Acquisition of approximately 4.1 acres of a parcel [APN: 633-410-017j by the City of Indian Wells for the development of an additional 34 attached single- family affordable housing units as part of Etc be Included In] the development of the City's Mountain Cove villas affordable housing project. CASE NO, PLANNING COMMISSION HEARING DATE: Tentatively Scheduled for May 17, 2001 Your comments are requested with respect to this proposed project by 5114/01 in regards to: I. Possible effect on the environment; and 2. Impact on public resources, facilities and/or services; and 3. Recommended conditions that you believe would mitigate any adverse effects, or conditions that you believe should apply to the project design, or improvements to satisfy other regulations and concems which your agency is responsible. Please print or type, or submit response on your letterhead. Comments by Date: See Attached. r;\SARSARA\REPORTS\Agency-C'Oiment\CUP99-6-cPA99-2.WHTWTR-vILLAs.Aoy-l.doc JAN-24-2002 12".06 CITY OF INDIRN WELLS 1 760 346 0407 P.04/05 AGENCIES FOR COMMENT CHECKUST 1, ❑ SOUTHERN CALIFORNIA EDISON/IMPERIAL IRRIGATION DISTRICT OF WASHINGTON & BAY CLUB DRIVE) 2. ❑ SOUTHERN CALIFORNIA GAS COMPANY 3. ❑ GENERAL TELEPHONE COMPANY 4. ❑ COACHELLA VALLEY WATER DISTRICT (CVWD) 5. ❑ DESERT SANDS UNIFIED SCHOOL DISTRICT 6. ❑ SUNLINE TRANSIT AGENCY 7. ❑ RIVERSIDE COUNTY ROAD DEPARTMENT 8. ❑ RIVERSIDE COUNTY PLANNING DEPARTMENT 9. ❑ RIVERSIDE COUNTY ENVIRONMENTAL HEALTH 10. ❑ CAL. DEPT, OF TRANSP.-CALTRANS- DISTR. 8 - SAN BERNARDINO ❑ MEDIA ONE 11. RIVERSIDE COUNTY FIRE DEPARTMENT - FIRE MARSHALL 12. a RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 13. ❑ POSTMASTER 14. ❑ AGRICULTURAL COMMISSIONER'S OFFICE 15. ❑ CITY OF PALM DESERT 16. © CITY OF LA QUINTA 17. ❑ CALIFORNIA REGIONAL WATER QUALITY 18. ❑ SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 19. ❑ CABAZON BAND OF MISSION INDIANS 20. El CALIFORNIA STATE CLEARINGHOUSE 21. ❑ STATE OF CALIFORNIA OFFICE OF PLANNING & RESEARCH 22. ❑ STATE OF CAL DEPT OF FISH AND GAME - 23. ❑ CVAG, (COACHELLA VALLEY ASSOCIATION OF GOVERNMENT) 24. ❑ SCAG, (SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT) 25. ❑ WATER QUALITY CONTROL BOARD 26. ❑ UNITED STATES DEPARTMENT OF THE INTERIOR, FISH/WILDLIFE SERVICE - CARLSBAD, CA 27. ❑ BUILDING & SAFETY DEPARTMENT 28. ❑ PUBLIC SAFETY COORDINATOR 29. ❑ PUBLIC WORKS DEPARTMENT 30. © CITY MANAGER 31. ❑ ADMINISTRATIVE SERVICES DIRECTOR 32. ❑ CITY ATTORNEY F:\BARHARA\REPORTS\Agency-Comment\=!)9-6-GPA99-2.WHTWTR-VILLA.S.AGY-I.doe TO: CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Orange County Fire Authority CALTRANS Orange County Transportation Authority (OCTA) Orange County Flood Control District Orange County Sanitation District Newport Mesa Unified School District Transportation Corridor Authority California Coastal Commission (South Coast Region) OTHER: Date: January 24, 2002 Staff Planner: «planner» X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: <(applicant>> CONTACT: econtact>>, FOR: «Type of ApplicationNoL� «Applicatioiallo D) DESCRIPTION: «ApplicationNo_1_description>> LOCATION: «address» REPORT REQUESTED BY: « requestedby» COMMISSION REVIEW (Tentative): «meetingdate» Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: ❑ schedule an appointment for Code review, ❑ discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS ('❑ see attached): Signature: Ext. Date: TO: 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Orange County Fire Authority CALTRANS Orange County Transportation Authority (OCTA) Orange County Flood Control District Orange County Sanitation District Newport Mesa Unified School District Transportation Corridor Authority California Coastal Commission (South Coast Region) OTHER: Date: January 24, 2002 Staff Planner: <mla nem X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: uapplicanb> CONTACT: I (contact>>, FOR: aType of ApplicationNoL� oApplicationNo D) DESCRIPTION: <<ApplicationNo_1_descriptiom> LOCATION: «address» REPORT REQUESTED BY: «requestedby» COMMISSION REVIEW (Tentative): Check all that apply: ❑ No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. ❑ I contacted the applicant on to: ❑ following (attach separate sheet if ADDITIONAL COMMENTS (❑ see attached): «meetingdateo ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. schedule an appointment for Code review, ❑ discuss the Signature: Ext. Date: • 0 Garcia, Jay From: Temple, Patty Sent: Monday, September 24, 2001 10:31 AM To: Planning Subject: Workload allocations To try and address some operational problems, some tasks have been reassigned on a trial basis. Jay G. will be sending a more detailed description, but briefly, Niki will be taking over production of the Case Log, Ginger the Friday staff approval packet, and Jaleah will take on the coordination of Plan Review Requests. One thing I need to do during this period is to get an understanding of what tasks folks are using Jaleah for. Just so you know her priorities, they are #1 phones, #2 data entry for Robert's traffic model update data, and #3 plan review requests. I would like to request that you check with prior to giving her any additional work, just so I can make sure they do not interfere with her priorities. Thanksl 0 Garcia, Jay From: Unity Messaging System - EXCHANGE2_MIS Sent: Tuesday, April 03, 2001 8:42 AM To: Garcia, Jay Subject: Message from Kevin Brody VoiceMessage 626-440.5200 Re McGiffin Residence circular driveway 1891 Cliff Drive Qa6W�R @ CITY OF NEWPORT BEACH Hearing Date: August 28, 2001 ° PLANNING DEPARTMENT Agenda Item: _ 3300 NEWPORT BOULEVARD Staff Person: Larry Lawrence �4aoar�� NEWPORT BEACH, CA 92658 (949) 661-8175 (949) 644.3200; FAX (949) 644.3250 / REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Review of New Subdivision Code: Code Amendment 2001-002 SUMMARY: City -initiated amendment to revise the City's Subdivision Code (Title 19 of the Municipal Code) and to make related changes to Title 20 (Zoning Code) and Title 13 (Streets, Sidewalks and Public Property). ACTION: Hold hearing, introduce the code amendment ordinance and pass to second reading on September 11, 2001. BACKGROUND All cities in California have subdivision regulations providing standards and procedures for the creation of new lots. The regulations must be consistent with the State Subdivision Map Act and typically regulate the processing of tentative and final maps, subdivision design, public improvements, condominium conversions, lot mergers, and other matters. The City's existing Subdivision Code was originally adopted in 1949 and has been amended "as needed" over the years. As a result, many provisions are out of date, internally inconsistent, or not in conformance with the Subdivision Map Act. Therefore a complete overhaul of the subdivision regulations has been prepared. Both the format and content of the new Code are substantially changed from the current regulations in order to provide a complete update, respond to changes in the Subdivision Map Act, and incorporate "state-of-the-art' standards. The new Code is attached. In addition to the overhaul of the subdivision regulations in Title 19, a special task in the work program to overhaul City regulations relating to subdivisions was the drafting of needed changes to subdivision - related provisions outside of Title 19. As a result, there are also significant changes to Title 20 (Zoning Code) and Title 13 (Streets, Sidewalks and Public Property) included in this Code Amendment. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the draft Subdivision Code and the accompanying changes to Title 20 and Title 13 at a study session on May 17, 2001 and at a public hearing on June 21 and July 19. Following discussion and changes to the draft, the Commission forwarded the Code Amendment to the City Council with a recommendation of adoption. The Planning Commission minutes and resolution are attached. POINTS AND AUTHORITY Conformance with the General Plan The new Subdivision Code will enhance the consistency of new subdivisions in the City with the policies and standards of the General Plan, especially with regard to the Land Use and Circulation Elements. For example, the updated street and highway standards in the new Code will serve to implement the standards and policies of the Circulation Element. Conformance with the Municipal Code The code amendment package will update subdivision, zoning, and street regulations to ensure consistency within the Municipal Code in all matters relating to subdivisions in the City. ANALYSIS Sianificant Features of the New Subdivision Code (Title 19) As shown in the Table of Contents, the new Code is broken into seven parts: Part 1 (Introduction), Part 2 (Tentative Maps), Part 3 (,Subdivision Design and Improvements), Part 4 (Dedications and Reservations), Part 5 (Final Maps), Part 6 (Condominium Conversions), and Part 7 (Other Subdivision Procedures). In addition, we have drafted revisions to other portions of the Municipal Code required for consistency with the new subdivision regulations. The most significant changes include the following: Chapter 19.12: Tentative Map Review —Retains Modifications Committee as review authority for tentative parcel maps, and Planning Commission as review authority for tentative tract maps. The new code adds detailed review provisions for tentative maps, including required findings for approval or denial, allowance for legal indemnification of City by subdivider, and a review of amendments to tentative maps after approval. 2. Chapter 19 12• Appeals and Calls for Review: a. Time Limits for Appeal of Tentative Map Decisions — Retains the time limit for appeal on tentative map approvals at 14 days. Specifies 15 days as the time limit for appeals of decisions on tentative map extensions, per Subdivision Map Act (SMA) Section 66452.6, and 14 days for calls for review by City Council, per Zoning Code Chapter 20.95. b. Calls for Review of Tentative May Decisions — Allows any one member of City Council to call for review of decision on tentative map, as opposed to requiring four affirmative votes of Council, as provided in existing Code. Either the Planning Commission or City Council may call for review of a Modifications Committee decision on a tentative parcel map, with the same time limits as for a tentative tract map. Subdivision Code August 28, 2001 Page 2 E 3. Chanter 19.16: Tentative Map Extensions —Reduces initial expiration of tentative maps from three to two years. Increases allowable map extension from two to five years. . 4. Chapter 19.24 Subdivision Design: a. Streets and Hi hg ways — For arterial and commuter roads, roadway and right-of-way widths have been replaced by references to standards specified in the Circulation Element. For local streets, a standard of 56 feet of right-of-way and 36 feet of roadway is recommended instead of the current 60'140' standard, which is more characteristic of collectors. b. Street Grades — The present standard of maximum seven -percent for all streets and highways has been replaced by a dual standard: 6 percent for arterials and 10 percent for local streets. Also, a minimum grade of 0.5% is proposed to ensure adequate drainage. c. Alleys — The present minimum width of 20 feet for residential and 30 feet for commercial/industrial has been replaced by a minimum width of 20 feet for all alleys. d. Modified Street Standards — Provision for the tentative map decision -making body to reduce standards after consultation with the Traffic Engineer and Fire Chief. e. Service Roads and Access to Arterials — The current standard more -or -less mandates the provision of service or frontage roads or common parking facilities for all projects fronting on an arterial. A more flexible standard focusing on residential subdivisions has been provided: "Residential lots shall not take direct access from arterial or collector roads and shall not front onto such roads unless served by a common parking facility and driveway(s) designed in accordance with Chapter 20.66 (Off -Street Parking and Loading Regulations) and approved by the tentative map decision -making body. Alternatively, the decision -making body may require that access be provided via a frontage road between an arterial road and the residential lots." Nonresidential projects already require off-street parking facilities per the Zoning Code. Frontage roads should not be required for these. f. Sidewalks and Pedestrianways —Specific requirements for Sidewalks and Pedestrianways have been added: "Sidewalk widths and design shall be in accordance with City Design Criteria and shall be located as follows: 1. Along both sides of arterial highways; 2. Along all commercial and industrial frontage; 3. Along both sides of collector streets; Subdivision Code August 28, 2001 Page 3 0 0 4. Along residential frontage where the required minimum lot size is less than 20,000 square feet; 5. Along all streets leading directly to a school, a designated school bus stop or a park; 6. Where the sidewalk will provide a continuation or link between other sidewalks, existing or planned." 7. Along streets designated as a "significant link" in the City's circulation system, as provided in Chapter 13.05 (Street Improvements and Dedications)." For short cul-de-sacs, under 200 feet long, the sidewalk requirement can be waived by the decision -making body without need for findings. g. Lot Design — The current standard of 50-foot average width and 5,000 square feet minimum area has been replaced by reference to the Zoning Code standard for the applicable district. h. Flag Lots — Provisions have been added defining flag lots and allowing them in subdivisions by specific action of the tentative map decision -making body: 'T Definition. For purposes of this Code, "flag lot' and "panhandle lot" shall both mean a lot having its only vehicular access by way of a narrow accessway which serves no more than one other property and which is less than 20 feet wide and more than 20 feet long. "2. Approval Criteria. Flag lots may be approved by the tentative map decision -making body if it determines that the resulting lot pattern will be equal to or superior than a standard lot design in terms of privacy, safety, lot usability, and panting." i. Front Setbacks — The allowance for de -facto variances for front setbacks in conjunction with tentative map approval has been deleted. Deviation from Design Standards — In addition to the specific modification of street standards described above, there is a more general paragraph allowing for deviations from any of the subdivision design standards in the Chapter. The procedures are formal and the standards of approval are rigorous, requiring specific findings to justify deviation. "C. Required Findines to Allow Deviation. A deviation from any of the design standards set forth in this Chapter may be approved by the tentative map decision -making body if it makes all of the following findings: 1. The requested deviation(s) will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter; Subdivision Code August 28, 2001 Page 4 • 0 2. The deviation(s) will not negatively impact the carrying capacity of the local vehicular circulation network; 3. The deviation(s) will not negatively impact pedestrian circulation; 4. The resulting subdivision will be compatible with the pattern of surrounding subdivisions; 5. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code. 6. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety." 5. Chapter 19.28 Subdivision Improvements: a. Added Provisions — More specific requirements relating to storm drains, utility undergrounding, and improvement over -sizing have been added. In addition, a provision has been added requiring solid boundary walls for subdivision lots abutting a freeway, railroad right-of-way, electric transmission line right-of-way, or open drainage channel. b. Waiver of Improvement Requirements — Waiver provisions have been added that closely follow those for deviation from design standards, described above. 6. Part 4: Dedications and Reservations —Replaces the present single paragraph (Sec. 19.12.080) with detailed requirements for dedication of streets, bikeways, parks and reservation of school sites, consistent with corresponding Map Act sections. 7. Chapter 19.48: School Sites and Fees —Provides for reservation of school sites for acquisition by school district, plus provides for fees for interim classroom facilities. 8. Chapter 19.52: Park Dedication — Updates current provisions and provides evidence from Recreation and O/S Element that existing ratio exceeds 5 acres per 1000 persons, thus allowing the City to use this maximum 511000 standard allowed by the SMA. 9. Section 19.52.080: Credit for Private Recreational Facilities — In accordance with the Subdivision Map Act Section 66477, allows credit for private recreational facilities and/or recreation trails from 0 to 20 percent of the amount of required land dedication or in -lieu park fee. The amount of credit granted shall be determined by the tentative map decision -making body. (The state law states that common interest developments shall be "eligible" for such credit.) Subdivision Code Aueust 28, 2001 Page 5 10. Sec 19 64 010• Review of Both Residential and Nonresidential Condo Conversions Required — Requires City approval of both types of conversions, but does not require as extensive tenant notification for nonresidential. 11. Sec 19.64.030: Tentative May Required for Condo Conversion — Requires Modifications Committee or Planning Commission approval of tentative map for conversion instead of just a modification permit. The general requirements for a condo conversion include the following: "A. Where Permitted. If approved under the provisions of this Chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in which residential uses are permitted, including planned communities, except within the R-1.5 District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted. `B. Subdivision Required. All condominium conversions subject to this Chapter shall require approval of tentative and final subdivision maps. "C. Review Responsibilities. Condominium conversions containing 5 or more units shall be approved by the Planning Commission via a tentative tract map. Condominium projects or conversions containing 4 or less units shall be approved by the Modifications Committee via a tentative parcel map. "D. Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval Per Title 20 (Zoning Code), and (2) the applicable provisions of this Subdivision Code." 12. Sec. 19.68.040: Lot Mereers — Moved from Zoning Code and expanded. Changes have been made to bring lot merger provisions into conformity with the SMA (Sec 66451.10 et seq.) regarding the determination of when lots should be merged to allow development. These changes also tighten the lot merger requirements by eliminating the option of simply recording a covenant for residential development and adding a requirement to permanently erase the applicable lot line(s) via resubdivision. Also, the following provisions for exceptions to merger requirements have been added: `B. Exceptions. The Planning Commission may grant an exception to the merger requirements of this Section if it makes all of the following findings: None of the unmerged lots is smaller than the average lot size in the underlying subdivision. 2. Retention of the unmerged lots would provide for development which is equally or more compatible with development on surrounding lots than if the lots were merged. Subdivision Code August 28, 2001 Page 6 0 3. Retention of the unmerged lots would not allow development which is materially detrimental to the residents or tenants of surrounding properties, nor to public health or safety. "In granting an exception from the merger requirement, the Planning Commission may allow retention and development of the unmerged lots. In so doing, the Commission may require a lot line adjustment and may impose conditions designed to avoid or mitigate any potential adverse effects of development of the affected lots." 13. Chapter 19.76: Lot line adiustments — Moved from Zoning Code. Changes to Other Titles As noted under "Background", a special task in the work program was the drafting of needed changes to subdivision -related provisions outside of Title 19. Significant resulting changes include: TITLE 13: STREETS, SIDEWALKSAND PUBLICPROPERTY Section 13 05 010• Street Widening and Improvements as a Condition of Building Permits — Update of references to the Circulation Element - Master Plan of Streets and Highways and to the Subdivision Code. TITLE 20: ZONING CODE GENERAL 2. Section 20 44 010• Establishment of Specific Plan District -Santa Ana Heights —Addition of provision allowing modified street standards different from those specified in the Circulation Element and the Subdivision Code. SITEREGULATIONS Section 20.60.035: Changes in Yard Requirements — Deletion of this section allowing changes to setback requirements by recordation on a final map. These modified setback standards can be more appropriately and effectively handled via the Zoning Code's PRD (Planned Residential District) or specific plan districts. LOT MERGERS 4. Section 20 60 040• Development on Substandard Lots and Across Propertv Lines —Moved to Title 19 (see above). Subdivision Code August 28, 2001 Page 7 CONDO CONVERSIONS 5. Sections 20.83.015-.035.20.86.070, and 20.93.020 —Moved to Title 19 (see above). Title 20 provisions are now limited to new condominium projects. CONCLUSIONS Staff believes that the Code Amendment forwarded to the City Council by the Planning Commission will provide a needed update to the City's subdivision regulations, bring the regulations into conformity with the state Subdivision Map Act, and promote quality design for new subdivisions in the City. RECOMMENDATION Staff recommends that the City Council open the public hearing, discuss the new Subdivision Code, make modifications to the draft if desired, and introduce the attached code amendment ordinance. Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: Prepared by: LARRY LAWRENCE Project Manager 1. May 17, June 21, and July 19, 2001 Planning Commission Minutes. 2. Planning Commission Resolution Recommending Approval of Code Amendments. 3. Draft Code Amendment Ordinance, with Exhibit ZA-1: Draft Subdivision Code, ZA-2: Amendments to Titles 13 and 20, and ND-1: Negative Declaration. Subdivision Code August 28, 2001 Page 8 • 4 agW'�RT CITY OF NEWPORT BEACH e PLANNING DEPARTMENT M 3300 NEWPORT BOULEVARD �'4FonN`� NEWPORT BEACH, CA 92658 (949) 644,3200, FAX 644,3250 Hearing Date: Agenda Item: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL Larry Lawrence (949) 661-8175 SUBJECT: Review of New Subdivision Code: Code Amendment 2001-002 SUMMARY: City -initiated amendment to revise the City's Subdivision Code (Title 19 of the Municipal Code) and to make related changes to Title 20 (Zoning Code) and Title 13 (Streets, Sidewalks and Public Property). ACTION: Hold hearing, introduce the code amendment ordinance and pass to second reading on September 11, 2001. BACKGROUND All cities in California have subdivision regulations providing standards and procedures for the creation of new lots. The regulations must be consistent with the State Subdivision Map Act and typically regulate the processing of tentative and final maps, subdivision design, public improvements, condominium conversions, lot mergers, and other matters. The City's existing Subdivision Code was originally adopted in 1949 and has been amended "as needed" over the years. As a result, many provisions are out of date, internally inconsistent, or not in conformance with the Subdivision Map Act. Therefore a complete overhaul of the subdivision regulations has been prepared. Both the format and content of the new Code are substantially changed from the current regulations in order io provide a complete update, respond to changes in the Subdivision Map Act, and incorporate "state-of-the-art" standards. The new Code is attached. In addition to the overhaul of the subdivision regulations in Title 19, a special task in the work program to overhaul City regulations relating to subdivisions was the drafting of needed changes to subdivision - related provisions outside of Title 19. As a result, there are also significant changes to Title 20 (Zoning Code) and Title 13 (Streets, Sidewalks and Public Property) included in this Code Amendment. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the draft Subdivision Code and the accompanying changes to Title 20 and Title 13 at a study session on May 17, 2001 and at a public hearing on June 21 and July 19. Following discussion and changes to the draft, the Commission forwarded the Code Amendment to the City Council with a recommendation of adoption. The Planning Commission minutes and resolution are attached. • 0 POINTS AND AUTHORITY Conformance with the General Plan The new Subdivision Code will enhance the consistency of new subdivisions in the City with the policies and standards of the General Plan, especially with regard to the Land Use and Circulation Elements. For example, the updated street and highway standards in the new Code will serve to implement the standards and policies of the Circulation Element. Conformance with the Municipal Code The code amendment package will update subdivision, zoning, and street regulations to ensure consistency within the Municipal Code in all matters relating to subdivisions in the City. ANALYSIS Significant Features of the New Subdivision Code (Title 19) As shown in the Table of Contents, the new Code is broken into seven parts: Part 1 (Introduction), Part 2 (Tentative Maps), Part 3 (Subdivision Design and Improvements), Part 4 (Dedications and Reservations), Part 5 (Final Maps), Part 6 (Condominium Conversions), and Part 7 (Other Subdivision Procedures). In addition, we have drafted revisions to other portions of the Municipal Code -required for consistency with the new subdivision regulations. The most significant changes include the following: Chanter 19.12: Tentative Map Review — Retains Modifications Committee as review authority for tentative parcel maps, and Planning Commission as review authority for tentative tract maps. The new code adds detailed review provisions for tentative maps, including required findings for approval or denial, allowance for legal indemnification of City by subdivider, and a review of amendments to tentative maps after approval. 2. Chapter 19.12: Appeals and Calls for Review: a. Time Limits for Anneal of Tentative Map Decisions — Retains the time limit for appeal on tentative map approvals at 14 days. Specifies 15 days as the time limit for appeals of decisions on tentative map extensions, per Subdivision Map Act (SMA) Section 66452.6, and 14 days for calls for review by City Council, per Zoning Code Chapter 20.95. b. Calls for Review of Tentative Map Decisions — Allows any one member of City Council to call for review of decision on tentative map, as opposed to requiring four affirmative votes of Council, as provided in existing Code. Either the Planning Commission or City Council may call for review of a Modifications Committee decision on a tentative parcel map, with the same time limits as for a tentative tract map. subdivision Code August28,2001 Page 2 3. Chanter 19.16: Tentative Map Extensions —Reduces initial expiration of tentative maps from three to two years. Increases allowable map extension from two to five years. 4. Chapter 19.24 Subdivision Design: a. Streets and Highways — For arterial and commuter roads, roadway and right-of-way widths have been replaced by references to standards specified in the Circulation Element. For local streets, a standard of 56 feet of right-of-way and 36 feet of roadway is recommended instead of the current 60740' standard, which is more characteristic of collectors. b. Street Grades — The present standard of maximum seven -percent for all streets and highways has been replaced by a dual standard: 6 percent for arterials and 10 percent for local streets. Also, a minimum grade of 0.5% is proposed to ensure adequate drainage. c. Alleys — The present minimum width of 20 feet for residential and 30 feet for commercial/industrial has been replaced by a minimum width of 20 feet for all alleys. d. Modified Street Standards — Provision for the tentative map decision -making body to reduce standards after consultation with the Traffic Engineer and Fire Chief. e. Service Roads and Access to Arterials —The current standard more -or -less mandates the provision of service or frontage roads or common parking facilities for all projects fronting on an arterial. A more flexible standard focusing on residential subdivisions has been provided: "Residential lots shall not take direct access from arterial or collector roads and shall not front onto such roads unless served by a common parking facility and driveway(s) designed in accordance with Chapter 20.66 (Off -Street Parking and Loading Regulations) and approved by the tentative map decision -making body. Alternatively, the decision -making body may require that access be provided via a frontage road between an arterial road and the residential lots." Nonresidential projects already require off-street parking facilities per the Zoning Code. Frontage roads should not be required for these. f. Sidewalks and Pedestrianways — Specific requirements for Sidewalks and Pedestrianways have been added: "Sidewalk widths and design shall be in accordance with City Design Criteria and shall be located as follows: i. Along both sides of arterial highways; 2. Along all commercial and industrial frontage; 3. Along both sides of collector streets; Subdivision Code August28,2001 Page 3 4. Along residential frontage where the required minimum lot size is less than 20,000 square feet; 5. Along all streets leading directly to a school, a designated school bus stop or a park; 6. Where the sidewalk will provide a continuation or link between other sidewalks, existing or planned." 7. Along streets designated as a "significant link" in the City's circulation system, as provided in Chapter 13.05 (Street Improvements and Dedications)." For short cul-de-sacs, under 200 feet long, the sidewalk requirement can be waived by the decision -making body without need for findings. g. Lot Design — The current standard of 50-foot average width and 5,000 square feet minimum area has been replaced by reference to the Zoning Code standard for the applicable district. h. Flag Lots — Provisions have been added defining flag lots and allowing them in subdivisions by specific action of the tentative map decision -making body: "l. Definition For purposes of this Code, "flag lot" and "panhandle lot" shall both mean a lot having its only vehicular access by way of a narrow accessway which serves no more than one other property and which is less than 20 feet wide and more than 20 feet long. "2. Approval Criteria. Flag lots may be approved by the tentative map decision -making body if it determines that the resulting lot pattern will be equal to or superior than a standard lot design in terms of privacy, safety, lot usability, and parking." i. Front Setbacks — The allowance for de -facto variances for front setbacks in conjunction with tentative map approval has been deleted. Deviation from Design Standards — In addition to the specific modification of street standards described above, there is a more general paragraph allowing for deviations from any of the subdivision design standards in the Chapter. The procedures are formal and the standards of approval are rigorous, requiring specific findings to justify deviation. "C. Required Findings to Allow Deviation. A deviation from any of the design standards set forth in this Chapter may be approved by the tentative map decision -making body if it makes all of the following findings: The requested deviation(s) will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter; Subdivision Code August 28, 2001 Page 4 2. The deviation(s) will not negatively impact the carrying capacity of the local vehicular circulation network; The deviation(s) will not negatively impact pedestrian circulation; 4. The resulting subdivision will be compatible with the pattern of surrounding subdivisions; The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code. 6. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety." 5. Chanter 19.28 Subdivision Improvements: a. Added Provisions — More specific requirements relating to storm drains, utility undergrounding, and improvement over -sizing have been added. In addition, a provision has been added requiring solid boundary walls for subdivision lots abutting a freeway, railroad'right-of-way, electric transmission line right-of-way, or open drainage channel. b. Waiver of Improvement Requirements —Waiver provisions have been added that closely follow those for deviation from design standards, described above. 6. Part 4: Dedications and Reservations — Replaces the present single paragraph (Sec. 19.12.080) with detailed requirements for dedication of streets, bikeways, parks and reservation of school sites, consistent with corresponding Map Act sections. 7. Chapter 19.48: School Sites and Fees —Provides for reservation of school sites for acquisition by school district, plus provides for fees for interim classroom facilities. 8. Chapter 19.52: Park Dedication — Updates current provisions and provides evidence from Recreation and O/S Element that existing ratio exceeds 5 acres per 1000 persons, thus allowing the City to use this maximum 511000 standard allowed by the SMA. 9. Section 19.52.080: Credit for Private Recreational Facilities — In accordance with the Subdivision Map Act Section 66477, allows credit for private recreational facilities and/or recreation trails from 0 to 20 percent of the amount of required land dedication or in -lieu park fee. The amount of credit granted shall be determined by the tentative map decision -making body. (The state law states that common interest developments shall be "eligible" for such credit.) Subdivision Code August 28, 2001 Page 5 10. Sec 19 64 010• Review of Both Residential and Nonresidential Condo Conversions Required — Requires City approval of both types of conversions, but does not require as extensive tenant notification for nonresidential. 11. Sec 19 64.030: Tentative Map Required for Condo Conversion — Requires Modifications Committee or Planning Commission approval of tentative map for conversion insteadof just a modification permit. The general requirements for a condo conversion include the following: "A. Where Permitted. If approved under the provisions of this Chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in which residential uses are permitted, including planned communities, except within the R-1.5 District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted. `B. Subdivision Required. All condominium conversions subject to this Chapter shall require approval of tentative and final subdivision maps. "C. Review Responsibilities. Condominium conversions containing 5 or more units shall be approved by the Planning Commission via a tentative tract map. Condominium projects or conversions containing 4 or less units shall be approved by the Modifications Committee via a tentative parcel map. "D. Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval Per Title 20 (Zoning Code), and (2) the applicable provisions of this Subdivision Code." 12. Sec. 19.68.040: Lot Mergers — Moved from Zoning Code and expanded. Changes have been made to bring lot merger provisions into conformity with the SMA (Sec 66451.10 et seq.) regarding the determination of when lots should be merged to allow development. These changes also tighten the lot merger requirements by eliminating the option of simply recording a covenant for residential development and adding a requirement to permanently erase the applicable lot line(s) via resubdivision. Also, the following provisions for exceptions to merger requirements have been added: "B. Exceptions. The Planning Commission may grant an exception to the merger requirements of this Section if it makes all of the following findings: None of the unmerged lots is smaller than the average lot size in the underlying subdivision. 2. Retention of the unmerged lots would provide for development which is equally or more compatible with development on surrounding lots than if the lots were merged. Subdivision Code August 28, 2001 Page 6 3. Retention of the unmerged lots would not allow development which is materially detrimental to the residents or tenants of surrounding properties, nor to public health or safety. "In granting an exception from the merger requirement, the Planning Commission may allow retention and development of the unmerged lots. In so doing, the Commission may require a lot line adjustment and may impose conditions designed to avoid or mitigate any potential adverse effects of development of the affected lots." 13. Chapter 19.76: Lot line adjustments — Moved from Zoning Code. Changes to Other Titles As noted under "Background", a special task in the work program was the drafting of needed changes to subdivision -related provisions outside of Title 19. Significant resulting changes include: TITLE 13: STREETS, SIDEWALKS AND PUBLIC PROPERTY 1. Section 13 05 010• Street Widening and Improvements as a Condition of Building Permits — Update of references to the Circulation Element - Master Plan of Streets and Highways and to the Subdivision Code. TITLE 20: ZONING CODE GENERAL 2. Section 20 44 010• Establishment of Specific Plan District -Santa Ana Heights —Addition of provision allowing modified street standards different from those specified in the Circulation Element and the Subdivision Code. SITEREGULATIONS 3. Section 20.60.035: Changes in Yard Requirements —Deletion of this section allowing changes to setback requirements by recordation on a final map. These modified setback standards can be more appropriately and effectively handled via the Zoning Code's PRD (Planned Residential District) or specific plan districts. LOT MERGERS 4. Section 20 60 040• Development on Substandard Lots and Across Property Lines —Moved to Title 19 (see above). Subdivision Code August 28, 2001 Page 7 CONDO CONVERSIONS 5. Sections 20.83.015-.035, 20.86.070, and 20.93.020 —Moved to Title 19 (see above). Title 20 provisions are now limited to new condominium projects. CONCLUSIONS Staff believes that the Code Amendment forwarded to the City Council by the Planning Commission will provide a needed update to the City's subdivision regulations, bring the regulations into conformity with the state Subdivision Map Act, and promote quality design for new subdivisions in the City. RECOMMENDATION Staff recommends that the City Council open the public hearing, discuss the new Subdivision Code, make modifications to the draft if desired, and introduce the attached code amendment ordinance. Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: Prepared by: LARRY LAWRENCE Project Manager 1. May 17, June 21, and July 19, 2001 Planning Commission Minutes. 2. Planning Commission Resolution Recommending Approval of Code Amendments. 3. Draft Code Amendment Ordinance, with Exhibit ZA-1: Draft Subdivision Code, ZA-2: Amendments to Titles 13 and 20, and ND-1: Negative Declaration. Subdivision Code August 28, 2001 Page 8